Legislative changes needed on political participation bill

Legislative changes needed to support political
participation by disabled people

Legislation seeking to
facilitate disabled people’s participation in elections
and standing for political office needs to be changed to
make it clear and workable, the New Zealand Law Society
says.

The Law Society presented its submission on the
Election Access Fund Bill to Parliament’s Governance and
Administration Committee today. The private member’s bill
aims to give effect to New Zealand’s obligations under the
UN Convention on the Rights of Persons with Disabilities
guaranteeing the right of disabled people to participate in
political and public life.

However, there is a lack of
clarity on key aspects of the bill, including the types of
disability that would qualify for access to the proposed
Election Access Fund, the Law Society says.

“The bill
seeks to improve the opportunities for political
participation by people with disabilities, but the central
concept – disability – is not defined. It would be
helpful for the bill to specify the categories of disability
hindering political participation that would qualify for
access to the Fund,” Law Society spokesperson David
Cochrane told the committee.

The Law Society also pointed
to the lack of guidance in the bill on how the Electoral
Commission should divide payments from the Fund among
eligible recipients: disabled people seeking to stand as
candidates in general elections, not-for-profit entities
organising election education events, and political
parties.

“In its current form, the bill gives the
Electoral Commission no guidance on how to divide the Fund
among these three categories, or the basis for eligibility
in each category. The same point has been emphasised by
specialists in the disability field, such as the Blind
Foundation,” Mr Cochrane said.

The Law Society also
highlighted other areas of uncertainty in the bill that need
to be addressed to make the legislation effective and
workable in practice.

The Law Society urged the committee
to consider a range of amendments to the bill, to ensure it
delivers the intended outcomes efficiently and effectively
and with minimal scope for disputes.

“Given the
extensive changes needed, it may be preferable for the bill
to proceed in stages or for the reforms to be incorporated
in the more comprehensive government bill that usually
follows the Commission’s statutory report after general
elections,” Mr Cochrane
said.

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